People v. Dungan CA2/6

Filed 6/18/24 P. v. Dungan CA2/

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B323384 (Super. Ct. No. 19CR10611) Plaintiff and Respondent, (Santa Barbara County)

v. ORDER MODIFYING

OPINION AND DENYING

JOHN RODERICK DUNGAN, REHEARING

[NO CHANGE IN Defendant and Appellant. JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 30, 2024, be modified as follows: On page 3, the last two sentences of the third full paragraph are modified to read:

At the time of the collision the seatbelt was not buckled. There was evidence he did not take evasive action to avoid the…